Practices
Aircraft Crash
Non-Crash Related Injuries
Although most of our cases involve crash related injuries, not all aviation injuries result from crashes. There are also numerous non-crash related injuries that occur with alarming frequency. Injuries from propellers are always serious and often fatal. Injuries from clear air turbulence can occur during flight when an aircraft encounters turbulence. These injuries are particularly severe when the crew fails to alert passengers to approaching turbulence and require passengers to remain seated with their safety belts firmly locked in place. Other common accidents include tripping while boarding or disembarking an aircraft. This is often caused by misaligned jet ways. Unsecured carts and other on board equipment can also result in injury to passengers.
Aircraft Crash
While airline travel is considered one of the safest modes of transportation in the world, planes crash more frequently than they should. Whether the aircraft is a commercial airliner, a private plane or a helicopter, airplane accidents usually result in serious injuries or death. Unlike other types of accidents such as car wrecks, one thing that is always certain in plane crashes is that the passenger was not at fault in any way. The trick is finding out who was at fault and what happened.
Aviation accidents are very complex and unique. Aviation litigation involves many potential theories of liability under state, federal, and international law. There are several potential defendants to choose from and a number of different courts in which a trial may take place. Knowing what to do and where to do it is critical. Aircraft, their pilots, maintenance crews, and airplane and airline operators are held to very strict standards and regulations. They all have high-powered attorneys and wealthy insurance companies to back them when disaster strikes and catastrophes occur. It is absolutely critical that victims hire their own experienced plane crash lawyer. Price Johnson understands aviation litigation and has a proven track record of handling cases all across the country and even internationally.
General Aviation Crashes
General aviation flights, as opposed to commercial flights, are 82 times riskier than commercial airline flights according to Ghohua Li, M.DM, Phd. and Susan Baker, ScD., MPH in their April 10, 2007 paper Changes Needed to Improve Safety of General Aviation Flights, published by Johns Hopkins Bloomberg School of Public Health. General aviation flights account for 91 percent of all aviation crashes and 94 percent of all aviation deaths according to the authors. General aviation “includes all noncommercial flights, such as emergency medical services, sightseeing, flight training, traffic reporting, aerial surveys, search and rescue, crop dusting and firefighting, as well as recreational and business use. General aviation aircraft range from small private airplanes and business jets to helicopters, hot-air balloons and gliders.” Dr. Li, lead author of the study and professor of emergency medicine at Johns Hopkins University School of Medicine states that while commercial aviation is very safe, general aviation is comparable to riding motorcycles mile for mile when comparing fatalities.
Who is to blame for plane crashes?
Unlike other types of accidents, a plane crash is governed by unique state, federal and often international laws. Under federal law, beyond the specific and technical standards required for aircraft fitness, pilot licensing and other factors, a commercial airline or other common carrier must demonstrate the highest degree of care for the safety of its passengers because they carry passengers for a profit and present their services as safe and secure.
Aircraft Crashes can occur for any one or several reasons including:
• Pilot error
• Faulty Equipment
• Poor maintenance
• Improper loading
• Defective parts
• Component part failure
• Defective onboard computers or software
• Flying in Bad Weather to Maintain Schedules
• Air Traffic Controller Negligence
• Fuel tank explosions
• Bad Fuel
• Violation of Federal Aviation Administration (FAA) regulations
• Negligence of flight service station employees
• Structural or design problems
• The FAA and NTSB
• Lack of Security
Regardless of the reason for the disaster, the result is almost certain to be fatal for all on board. Our aviation accident attorneys have experience representing clients in various commercial airline disasters, small plane crashes, and helicopter accidents. If a loved one has been lost as a result of a plane crash, helicopter crash or any type of airline accident, our aviation accident lawyers can help. We have access to the top aviation experts in the nation including aeronautical engineers, former FAA accident investigators, and many others. We've recovered millions in settlements and verdicts for our clients and we will do everything we can to help you as well. We never charge any fees unless your case is won so call today for your free consultation with a Texas aviation accident lawyer.
Aviation Accident Information
When an aviation accident does occur, several governing agencies become involved. If you or a loved one is involved you will be contacted by representatives of some or all of these agencies. When you are, you should be represented by a qualified and experienced aircraft crash law firm. The information you provide and the information you are given is critical to finding out the truth behind what happened to you or your loved one. It is also critical in making sure those responsible are held accountable and that such tragedies never happen to others again. The agencies involved can include:
The NTSB (National Transportation Safety Board), an independent federal agency in charge of investigating every civil aviation accident that takes place in the United States.
The FAA (Federal Aviation Administration), a separate element of the U.S. government that is primarily responsible for the safety of civil aviation; and
The FBI (Federal Bureau of Investigation), whose role is to investigate the possibility of sabotage or any other criminal act that may have contributed in any way to the accident.
Other agencies such as the Red Cross, FEMA (Federal Emergency and Management Agency) or other state, local, or even foreign agencies (when appropriate) may be involved when the situation calls for it.
The NTSB also has a role in working toward preventing future aviation accidents, so it will issue safety recommendations toward that end. Additionally, this organization maintains the government's database on any significant aviation accident issues.
The Johnson Firm understands aviation law and can help you by working with the governing agencies (such as those listed above) and represent you with any legal problems related to aviation accidents. If you or a loved one has been injured in an airline related accident, call us today.
Investigating the Aircraft, Airplane, or Helicopter Crash
If the crash is attributed to pilot error, our plane crash attorney investigates whether the pilot was qualified to fly the aircraft, whether the employer did sufficient background checks, and the pilot’s condition prior to the flight.
If aircraft maintenance is suspected as the cause, we examine the inspection history of the aircraft, and the records of the mechanics or maintenance company and hire experts to review the work that was performed to be sure it actually was performed and that it was performed correctly.
Sometimes the crash is ascribed to a design defect or manufacturing defect. Additional experts will look into these issues including aeronautical engineers and other aviation specialists.
If lax security is to blame, we will investigate the cause of the crash and how it made its way onto the aircraft. Even with the strict government regulations, industry doesn’t always comply. One lapse is too many.
Finding the Liable Party
You need an experienced aviation litigator that you can trust to know where to look and to leave no stone unturned in finding out what happened to your loved one and making sure it never happens to anyone else. There are several potentially liable parties for the aircraft accident. Sometimes more than just one is at fault. The Johnson Firm has experienced trial lawyers who know where to look and where to find the experts to work on the case.
Owner or Operator Liability
Aircraft owners and operators are held to high standards when it comes to the legal "duty of care" owed to others. If negligence can be proven, then the owner will be held liable for the damages suffered by injured parties - including passengers, people on the ground, and even the pilot. Even if the owner was not operating the aircraft when the accident occurred, the owner may still be held liable under certain legal theories known as vicarious liability. These theories include the way in which employers may be legally responsible for the actions of their employees in certain situations.
Common Carriers
Commercial airlines fall under the legal classification of a "common carrier," because they hold themselves out to the public as willing to carry all passengers who buy a ticket. Common air carriers are held to different (usually more stringent) standards than are private carriers. The FAA is the principle federal agency responsible for regulating air carriers - imposing uniform standards and operating procedures, and monitoring a carrier's internal standards. An understanding of complex FAA rules and regulations is necessary in order to be successful in bringing an aviation accident claim against a common carrier such as a commercial airline.
Manufacturer Liability
The manufacturer of an aircraft can be held liable if the attorney for the accident victim can prove that a defect in the product (the aircraft) or a component part caused his or her injuries, under a legal theory known as “strict liability.” It is important to remember that liability laws differ from state to state.
Combined Owner/Operator and Manufacturer Liability - Comparative or Proportionate Fault
In many cases, both the pilot and the manufacturer may be held liable for an aviation accident. This raises a legal issue called “comparative fault” or “proportionate responsibility” meaning that the judge or jury during trial must determine the percentage of liability attributable to each of the defendants. For example, a pilot may be 25 percent at fault for losing control of an aircraft, but a manufacturer may be 75 percent at fault for defective landing gear.
Federal Government Liability
A primary duty of the federal government is to control all air traffic. The FAA is ultimately responsible for this enormous function. If an aviation accident involves a collision or other avoidable navigation error, a key question is whether or not the FAA and air traffic controllers did their job correctly.